TCF Inventory Finance, Inc. v. Marker Oil Company, Inc. et al

Filing 74

ORDER signed by Magistrate Judge Deborah Barnes on 5/7/2019 ORDERING Marker Oil Company, Inc. to appear for Judgment Debtor Exam on 6/14/2019 at 09:30 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Zignago, K.)

1 THOMPSON COBURN LLP
JEFFREY N. BROWN (SBN 105520)
2
[e-mail]
3 2029 Century Park East, 19th Floor
Los Angeles, California 90067
4
Tel: [phone] / Fax: [phone]
5
THOMPSON COBURN LLP
6
WILLIAM R. BAY (pro hac vice)
7 [e-mail]
One US Bank Plaza
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St. Louis, Missouri 63101
9 Tel: [phone] / Fax: [phone]
10

Attorneys for Plaintiff
11 TCF INVENTORY FINANCE, INC.
12
13

UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

15 TCF INVENTORY FINANCE, INC.
16

Plaintiff,

17 v.
18 MARKER OIL COMPANY, INC.
19 and
20 BILLY LEON MARKER, JR.
21

No. 2:17-cv-01768-JAM-DB
ORDER FOR EXAMINATION OF
JUDGMENT DEBTOR MARKER OIL
COMPANY, INC.
Date:
June 14, 2019
Time:
9:30 a.m.
Courtroom: 27, 8th Floor

Defendants,

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23 TO ALL PARTIES HEREIN AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD:
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PLEASE TAKE NOTICE that judgment debtor Marker Oil Company, Inc., through

25 the designated person most knowledgeable concerning its property and debts (Code of
26 Civil Procedure § 708.150(a)) is ordered to appear for an examination on June 14, 2019
27 at 9:30 a.m., at the United States District Court for the Eastern District of California, Robert
28 T. Matsui United States Courthouse, 501 I Street, Courtroom 27, 8th Floor, Sacramento,
Error! Unknown document property name.

1

ORDER FOR EXAMINATION OF JUDGMENT DEBTOR MARKER OIL COMPANY, INC.

1 CA 95814, before a certified shorthand reporter. You are further instructed to produce at
2 the examination the documents and items identified in Schedule A, attached hereto. The
3 examination shall continue from day to day, Sundays and holidays excepted, at the same
4 time and location, until completed or unless the parties agree on other mutually convenient
5 dates.
6

NOTICE TO JUDGMENT DEBTOR. If you fail to appear at the time and place

7 specified in this order, you may be subject to arrest and punishment for contempt of court
8 and the court may make an order requiring you to pay the reasonable attorney’s fees
9 incurred by the judgment creditor in this proceeding.
10

Service of this order creates a lien on the personal property of the judgment debtor

11 identified herein for a period of one year from the date of this order, unless extended or
12 sooner terminated by the Court.
13

IT IS SO ORDERED.

14 DATED: May 7, 2019
15

/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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Error! Unknown document property name.

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ORDER FOR EXAMINATION OF JUDGMENT DEBTOR MARKER OIL COMPANY, INC.

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Schedule A

2

Documents and Things To Be Produced at Hearing of Judgment Debtor

3

You are instructed to produce the following documents or items at your Judgment

4 Debtor’s exam:
5

1.

A copy of registrations for any vehicle owned by you, leased by you, or in

6 which you have any interest.
7

2.

All titles, bills of sale, lease agreements, or contracts of sale regarding

8 property, including but not limited to 1) automobiles and other vehicles, 2) boats, 3)
9 household goods, 4) miscellaneous furniture and fixtures, belonging to you, either alone or
10 with any other person(s), entity or entities, for four years immediately preceding the date
11 of the above hearing.
3.

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All titles, deeds or contracts of sale upon real property wherever situated,

13 owned by you (in whole or in part), purchased or being purchased, or sold, and which you
14 own or have any interest in whatsoever, either alone or jointly with any other person(s),
15 entity or entities, for the four years immediately preceding the date of the above hearing.
4.

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A copy of all bank statements, canceled checks and checkbooks and

17 checkbook registers for checking accounts belonging to you or in which you have or have
18 had any interest, either alone or jointly with any other person(s), entity or entities for two
19 years preceding the date of the above hearing.
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5.

All evidence and all certificates of any and all stocks, bonds, securities and

21 annuities belonging to you, either alone or jointly with any other person(s), entity or entities,
22 for the four years immediately preceding the date of the above hearing.
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6.

A copy of your 2016, 2017 and 2018 tax records and filings.

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7.

Copies of all documents reflecting income or compensation received during

25 the last two years immediately preceding the date of the hearing.
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8.

All accounts receivable and accounts payable records of you for the last two

9.

List of all accounts receivable and/or monies owing to you, including the

27 years.
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Error! Unknown document property name.

3

ORDER FOR EXAMINATION OF JUDGMENT DEBTOR MARKER OIL COMPANY, INC.

1 names of the person(s) and/or firm or company from whom monies are being received or
2 due, for two years preceding the date of the above hearing.
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10.

Copies of promissory notes or other documents evidencing any loans made

4 by you, in the last three years preceding the date of the hearing.
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11.

Any documents reflecting any individual’s or entity’s indebtedness or

6 obligation to pay you and the amounts in the next five years.
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12.

Any financial statements of you provided to anyone in the last four years.

8

13.

Any other documents evidencing any loans, leases, business transactions,

9 security interests or property holdings to which you are a party.
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14.

Any documents reflecting your interest in any business, LLC, partnership, or

11 corporation.
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15.

Any documents reflecting any payments, disbursements, or transfers of

13 money or property on or after January 1, 2017, to the present from Marker Oil Company,
14 Inc. to Billy Leon Marker, Jr., any relative of Billy Leon Marker, Jr., or any trust, business,
15 LLC, partnership, corporation in which Billy Leon Marker, Jr. or any relative of Billy Leon
16 Marker, Jr. owns an interest.
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Error! Unknown document property name.

4

ORDER FOR EXAMINATION OF JUDGMENT DEBTOR MARKER OIL COMPANY, INC.